USPTO Patents Application 10597633

PATENT COOPERATION TREATY

From the INTERNATIONAL SEARCHING AUTHORITY

To:

FENSTER & COMPANY, INTELLECTUAL
PROPERTY LTD.

At:tn. Fenster, Paul
P.O. Box 10256
49002 Petach Tikva
ISRAEL

PCT

NOTIFICATION OF TRANSMITTAL OF
THE INTERNATIONAL SEARCH REPORT AND
THE WRITTEN OPINION OF THE INTERNATIONAL
SEARCHING AUTHORITY, OR THE DECLARATION

(PCT Rule 44.1)

Date of mailing
(day/month/year)

24/08/2005

Applicant's or agenfs file reference
414/04493

FOR FURTHER ACTION

See paragraphs 1 and 4 bebw

International application No.
PCT/IL2005/000442
Applicant

International filing elate

(day/month/year) 28/04/2005

REABILITY INC.

1 . [j^j The applicant is hereby notified that the international search report and the written opinion of the international Searching

Authority have been established and are transmitted herewith.

Filing of amendments and statement under Article 19:

The applicant is entitled, if he so wishes, to amend the claims of the international Application (see Rule 46):

When? The time limit for filing such amendments is normally 2 months from the date of transmittal of the
international Search Report; however, for more details, see the notes on the accompanying sheet.

Where? Directly to the International Bureau of WIPO, 34 chemin des Coiombettes

121 1 Geneva 20, Switzerland, Fascimile No.: (41-22) 740.14.35

For more detailed instructions, see the notes on the accompanying sheet

2. | i The applicant is hereby notified that no international search report wiii be established and that the declaration under

Article 17(2)(a) to that effect and the written opinion of the International Searching Authority are transmitted herewith.

3. j^j With regard to the protest against payment of (an) additional fee(s) under Rule 40,2, the applicant is notified that:

| | the protest together with the decision thereon has been transmitted to the International Bureau together with the
applicant's request to forward the texts of both the protest and the decision thereon to the designated Offices.

[ j no decision has been made yet on the protest; the applicant will be notified as soon as a decision is made.

4. Reminders

Shortly after the expiration of 18 months from the priority date, the international application will be published by the
International Bureau. If the applicant wishes to avoid or postpone publication, a notice of withdrawal of the international
application, or of the priority claim, must reach the International Bureau as provided in Ruies 90j£?/s.1 and 906/3.3, respectively,
before the completion of the technical preparations for international publication.

The applicant may submit comments on an informal basis on the written opinion of the International Searching Authority to the
International Bureau. The International Bureau will send a copy of such comments to all designated Offices unless an
international preliminary examination report has been or is to be established. These comments would also be made available to
the public but not before the expiration of 30 months from the priority date.

Within 19 months from the priority date, but only in respect of some designated Offices, a demand for international preliminary
examination must be filed if the applicant wishes to postpone the entry into the national phase until 30 months from the priority
date (in some Offices even later); otherwise, the applicant must, within 20 months from the priority date, perform the prescribed
acts for entry into the national phase before those designated Offices.

In respect of other designated Offices, the time limit of 30 months (or later) will apply even if no demand is filed within 19
months.

See the Annex to Form PCT/IB/301 and, for details about the applicable time limits, Offta
Guide, Volume II, National Chapters and the WIPQ Internet site.

RECEIVED

Name and mailing address of the International Searching Authority

^ European Patent Office, P.B. 5818 Patentlaan 2
JSjk NL-2280 HV Rijswijk

Qgff Tel. (+31-70) 340-2040, Tx. 31 651 epo ni,

Fa v- (4-^1 -70) 340-30-1 ft

Authorized officer !

Eva San Mic

fuel 30 AUG 2005 „

Form PCT/iSA/220 (January 2004)

NOTES TO FORM PCT/ISA/220

These Notes are intended to give the basic instructions concerning the filing of amendments under article 1 9. The
Notes are based on the requirements of the Patent Cooperation Treaty, the Regulations and the Administrative Instructions
under that Treaty, In case of discrepancy between these Notes and those requirements, the latter are applicable. For more
detailed information, see also the PCT Applicant's Guide, a publication of WIPO.

In these Notes, "Article", "Rule*, and "Section" refer to the provisions of the PCT, the PCT Regulations and the PCT
Administrative Instructions respectively.

INSTRUCTIONS CONCERNING AMENDMENTS UNDER ARTICLE 19

The applicant has, after having received the international search report, one opportunity to amend the claims of the
tntemeiionaf application. It should however be emphasized that, since all parts of the international application (claims,
description and drawings) may be amended during the international preliminary examination procedure, there is usually
no need to file amendments of the claims under Article 19 except where, e.g. the applicant wants the latter to be published
tor the purposes of provisional protection or has another reason for amending the claims before international pbufication.
Furthermore, it should be emphasized that provisional protection is available in some States only.

What parts of trie International application may be amended?

Under Article 19, only the claims may be amended.

During the international phase, the claims may also be amended (or further amended} under Article 34 before
the International Preliminary Examining Authority. The description and drawings may only be amended under
Article 34 before the International Examining Authority.

Upon entry into the national phase, all parts of the tntemaiional application may be amended under Article 28
or t where applicable, Article 41 .

When?

Within 2 months from the date of transmittal of the international search report or 1 6 months from the priority
date, whichever time limit expires later It should be noted, however, that the amendments will be considered
as having been received on time if they are received by the International Bureau after the expiration of the
applicable time limit but before the completion of the technical preparations for international publication
(Rule 46.1).

Where not to file the amendments?

How?

The amendments may only be filed with the Internationa! Bureau and not with the receiving Office or the
International Searching Authority (Rule 46.2).

Where a demand for international preliminary examination has been /is filed* see below.

Either by cancelling one or more entire claims, by adding one or more new claims or by amending the text of
one or more of the claims as filed.

A replacement sheet must be submitted for each sheet of the claims which, on account of an amendment or
amendments, differs from the sheet originally filed.

All the claims appearing on a replacement sheet must be numbered in Arabic numerals. Where a claim is
cancelled l no renumbering of the other claims is required. In all cases where claims are renumbered, they must
be renumbered consecutively {Administrative Instructions, Section 205(b)).

The amendments must be made in the language in which the international application Is to be published*

What documents must/may accompany the amendments?

Letter (Section 205(b)):

The amendments must be submitted with a letter.

The letter will not be published with the international application and the amended claims. It should not be
confused with the "Statement under Article 1 9(1)* (see below, under "Statement under Article 19(1)").

The letter must be In English or French, at the choice of the applicant. However, tf the language of the
international application Is English, the letter must be in English; if the language of the international applh
is French, the letter must be in French.

ition

Notes to Form PCT/ISA/220 (first sheet) (January 1994)

BNSDOCtD: <XS_ ...ISA220NOENP4 I >

I

NOTES TO FORM PCT/ISA/220 (continued)

The latter must indicate the differences between the claims as filed and the claims as amended. It must, in
particular, indicate, in connection with each claim appearing in the international application (it being understood
that identical indications concerning several claims may be grouped)»whether

(i) the claim is unchanged;

(iii) the claim is new;

(iv) the claim replaces one or more claims as filed;

(v) the claim is the result of the division of a claim as filed.

The following examples Illustrate the manner In which amendments must be explained in the
accompanying letter:

1 . [Where originally there were 48 claims and after amendment of some claims there are 51 J:
•Claims 1 to 29, 31 , 32, 34, 35, 37 to 48 replaced by amended claims bearing the same numbers;

claims 30, 33 and 36 unchanged; new claims 49 to 51 added."

2, {Where originally there were 1 5 claims and after amendment of all claims there are 1 1 J:
"Claims 1 to 1 5 replaced by amended claims 1 to 1 1

3, [Where originally there were 1 4 ciaims and the amendments consist in cancelling some claims and in adding
new claims]:

"Claims 1 to 6 and 1 4 unchanged; claims 7 to 1 3 cancelled; new claims 1 5, 16 and 17 added.* or
w Claims 7 to 1 3 cancelled; new claims 15,16 and 1 7 added; ail other claims unchanged."

4. [Where various kinds of amendments are made]:

"Claims 1 -10 unchanged; claims 1 1 to 13, 18 and 19 cancelled; claims 1 4, 1 5 and 16 replaced by amended
claim 1 4; claim 1 7 subdivided into amended claims 15,16 and 1 7; new claims 20 and 21 added."

"Statement under article 19(1 ) M (Rule 46*4)

The amendments may be accompanied by a statement explaining the amendments and indicating any impact
that such amendments might have on the description and the drawings (which cannot be amended under
Article 19(1)).

The statement will be published with the international application and the amended claims.

H In tka lanmiona In urhtr^h ftiA Intofnattnnal amMtftatttlrin Is tn hm nuhlishad

ww mm f w« mm mm mm m mm m w mmmm p mmm^mmmi^M^m mmm wm> m **w ■ m in — — - m ■* — — ^- — » t -i-p - - - — - - - - — — — - — — mr — — — . — .

It must be brief, not exceeding 500 words if in English or if translated into English.

It should not be confused with and does not replace the letter indicating the differences between the claims
as filed and as amended. It must be filed on a separate sheet and must be identified as such by a heading,
preferably by using the words "Statement under Article 1 9(1).*

ft may not contain any disparaging comments on the international search report or the relevance of citations
contained in that report. Reference to citations, relevant to a given claim t contained in the international search
report may be made only in connection with an amendment of that claim.

Consequence If a demand for International preliminary examination has already been filed

If, at the time of filing any amendments under Article 1 9, a demand for international preliminary examination
has already been submitted, the applicant must preferably, at the same time of filing the amendments with the
International Bureau, also file a copy of such amendments with the International Preliminary Examining
Authority (see Rule 62.2(a), first sentence).

Consequence with regard to translation of the international application for entry Into the national phase

The applicants attention is drawn to the fact that, where upon entry into the national phase, a translation of the
claims as amended under Article 1 9 may have to be furnished to the designated/elected Offices, instead of, or
in addition to, the translation of the claims as filed.

For further details on the requirements of each designated/elected Office, see Volume II of the PCT Applicant's
Guide.

Notes to Form PCT/ISA/220 (second sheet) (January 1994)

BNSDOCID: *XS ISA220NOENP4. }_>

PATENT COOPERATION TREATY

PCT

INTERNATIONAL SEARCH REPORT

(PCT Article 18 and Rules 43 and 44)

Applicant's or agent's fiie reference
414/04493

FOR FURTHER see Form pot/is A/220

ACTION as we " as ' wnsre appiicabte, item 5 below.

International application No.
PCT/IL2005/000442

International filing date (day/month/year)
28/04/2005

(Earliest) Priorrty Date (day/month/year)
29/04/2004

Applicant

REABILITY INC.

This international Search Report has been prepared by this International Searching Authority and is transmitted to the applicant
according to Article 18, A copy is being transmitted to the Internationa] Bureau,

This International Search Report consists of a total of

sheets.

X

it is also accompanied by a copy of each prior art document cited in this report.

1.

2.
3,

Basis of the report

a. With regard to the Language, the international search was carried out on the basis of the international application in the
language in which it was filed, unless otherwise indicated under this item.

P 1 The international search was carried out on the basis of a translation of the international application furnished to
this Authority (Rule 23,1(b)),

b, Q With regard to any nucleotide and/or amino acid sequence disclosed in the international application, see Box No. I.
| X | Certain claims were found unsearchable (See Box tl).

| | Unity of invention is lacking (see Box III).

4. With regard to the title,

j~x] the text is approved as submitted by the applicant.

| | the text has been established by this Authority to read as follows:

5. With regard to the abstract,

| | the text is approved as submitted by the applicant.

]x] the text has been established, according to Rule 38.2(b), by this Authority as it appears in Box No. IV. The applicant
may, within one month from the date of mailing of this international search report, submit comments to this Authority.

6. With regard to the drawings,

a. the figure of the drawings to be published with the abstract is Figure No. 1

[~j as suggested by the applicant,

I I as selected by this Authority, because the applicant failed to suggest a figure.
fx] as selected by this Authority, because this figure better characterizes the invention.

b. [^] none of the figures is to be published with the abstract.

Form PCT/I5A/210 (first sheet) (January 2004)

INTERNATIONAL SEARCH REPORT

International application No.
PCT/IL2005/000442

Box No. IV Text of the abstract (Continuation of item 5 of the first sheet)

Apparatus for muscle activation, comprising: at least one electrode (138, 140,
142 , 144) adapted to deliver a neuromuscular stimulation (NMES) signal to a
body portion (146) ; at least one controller (124) adapted to provide a NMES
signal comprising a sequence of stimulation signals to said at least one
electrode; and a mechanical motion element (300) coupled to at least one of
said body portion and a mirror body portion, wherein said mechanical motion
element is operatively coupled to said at least one controller and wherein said
at least one controller controls said NMES signal in conjunction with said
mechanical motion element.

Form PCT/lSA/210 {continuation of first sheet (3)) (January 2004)

INTERNATIONAL SEARCH REPORT

International Application No

PCT/IL2005/000442

A. CLASSIFICATION OF SUBJECT MATTER

IPC 7 A61N1/36 A61B5/11 A61B5/0488 A61H1/02

According to International Patent Classification (IPC) or to both national classification and IPC

B. FIELDS SEARCHED

Minimum documentation searched (classification system followed by classification symbols)

IPC 7 A61N A61B A61H A61F

Documentation searched other than minimum documentation to the extent that such documents are included in the fields searched

Electronic data base consulted during the international search (name of data base and. where practical, search terms used)

EPO-Internal , WPI Data, PAJ

C. DOCUMENTS CONSIDERED TO BE RELEVANT

Category

Citation of document wiih indication, where appropriaie r of the relevant passages

Relevant to claim Ho.

x

X
A

WO 02/092164 A (FONDATION SUISSE POUR LES
CYBERTHESES; BRODARD, ROLAND; CLAVEL,
REYMON) 21 November 2002 (2002-11-21)

page 12, line 5 - page 23, line 12;
figures 1-4

US 5 466 213 A (HOGAN ET AL)
14 November 1995 (1995-11-14)

1-23,26

28,29,

31,32

24,25,

27,30

1-6,11,
31,32
7-10,
12-30

aDsrraci.

column 6, lines 54-59; figure 14

-/--

LU

Further documents are listed in the continuation of box C.

Patent famity members are listed in annex.

° Special categories of cited documents :

S A' document defining the general state of the art which is not
considered to be of particular relevance

*E" earlfer document but published on or after the international
filing date

"L" document which may throw doubts on priority claimfs) or
which is cited to establish the publication date of another
citation or other special reason (as specified)

fl O' document referring to an oral disclosure, use, exhibition or
other means

"P" document published prior to the international fifing date but
Jaierthan the priority date claimed

'T' later document published after the international filing date
or priority date and not in conflict with the application but
cited to understand the principle or theory underlying the
invention

"X* document of particular relevance; the claimed invention
cannot be considered novel or cannot be considered to
involve an inventive step when the document is taken alone

■Y" document of particular relevance; the claimed invention

cannot be considered to involve an inventive step when the
document is combined with one or more other such docu-
ments, such combination being obvious to a person skilled
in the art.

document member of the same patent family

Date of the actual completion of the international search

17 August 2005

Name and mailing address of the ISA

European Patent Office, P.B. 5618 Patenilaan 2
NL-2280 HV Rijswijk
Tel. (+31-70) 340-2040, Tx. 31 651 epo nl,
Fax: (+31-70) 340-3016

Date of mailing of the international search report

24/08/2005

Authorized officer

Fischer, 0

Form PCT7ISA/2 10 (second sheet) (January 2004)

page 1 of 2

INTERNATIONAL SEARCH REPORT

international Application No

PCT/IL2005/000442

C(Continuation) DOCUMENTS CONSIDERED TO BE RELEVANT

Category

Citation of document, with indication, where appropriate, of the relevant passages

Relevant to claim No.

x

A

X
A

US 4 499 900 A (PETROFSKY ET AL)
19 February 1985 (1985-02-19)

abstract; figures 1,2

US 4 724 842 A (CHARTERS ET AL)
16 February 1988 (1988-02-16)

abstract; figures 1,2

US 5 070 873 A (GRAUPE ET AL)
10 December 1991 (1991-12-10)
abstract; figure 1

1-7
8-32

1-7
8-32

1-32

D V
I ,A

P,A

WO 2004/050172 A (KIWETIC MUSCLES, INC;
K0ENEMAN, EDWARD, J; KOENEMAN , JAMES, B
HERRING) 17 June 2004 (2004-06-17)

p. 4-5, '0016!; p. 7-13, ' 0037 0057! ;
figures 1-9

1-7,11,

17-20,

22,26,31

8-10,

12-16,

21,

23 2 5 j
27-30,32

2

Form PCT/ISA/210 (continuation of second sheet) (January 2004)

page 2 of 2

INTERNATIONAL SEARCH REPORT

international application No.

PCT/IL2005/000442

Box II Observations where certain claims were found unsearchable (Continuation of item 2 of first sheet)

This International Search Report has not been established in respect of certain claims under Article 17(2)(a) for the following reasons:

1.

Claims Nos.: 33

haranco then/ folate tn ciihiemJ' mnt+Pf rtni rpnnirpH hp ^P^rrihPd h\F this Al Jthnrih/. namelv:

Rule 39. 1(1 v) PCT - Method for treatment of the human or animal body by
therapy: claim 33 pertains to the delivery of a therapeutic neuromuscular
stimulation signal to the human body.

Claims Nos.:

because they relate to parts of the jnternationat Application that do not comply with the prescribed requirements to such
an extent that no meaningful International Search can be carried out, specifically:

3. Claims Nos.:

because they are dependent claims and are not drafted in accordance with the second and third sentences of Rule 6.4(a),

Box III Observations where unity of invention is lacking (Continuation of item 3 of first sheet)

This international Searching Authority found multiple inventions in this international application, as follows:

1 . I I As all required additional search fees were timely paid by the applicant, this International Search Report covers all
' ' searchable claims.

2. | | As all searchable claims could be searched without effort justifying an additional fee, this Authority did not invite payment
of any additional fee.

3, i [j As only some of the required additional search fees were timely paid by the applicant, this International Search Report
I ' covers only those claims for which fees were paid, specifically claims Nos.:

4. rn No required additional search fees were timely paid by the applicant. Consequently, this international Search Report is
restricted to the invention first mentioned in the claims; it is covered by claims Nos,:

Remark on Protest

j j The additional search fees were accompanied by the applicant's protest
j j No protest accompanied the payment of additional search fees.

Form PCT/iSA/210 (continuation of first sheet (2)) (January 2004)

INTERNATIONAL SEARCH REPORT

Information on patent family memb&rs

International Application No

PCT/IL2005/000442

Patent document
cited in search report

Publication
date

Patent family
member(s)

Publication
date

wo

02092164

A

21-

■11-

•2002

CA

2446875

Al

21-

11-

-2002

WO

02092164

A2

21-

•11-

-2002

EP

1387712

A2

11-

■02-

-2004

JP

2004526541

T

02-

•09-

-2004

US

2004172097

Al

02-

■09-

-2004

us

5466213

A

14-

■11-

■1995

NONE

IIS

A

19-

■02-

■1985

J- Zf t_> xJ

CA

1219641

Al

24-

■03-

-1987

us

4724842

A

16-

•02-

■1988

NONE

us

5070873

A

10-

■12-

•1991

NONE

wo

2004050172

A

17-

■06-

•2004

AU

2003297652

Al

23-

-06-

-2004

WO

2004050172

Al

17-

•06-

-2004

US

2004267331

Al

30-

•12-

-2004

Form PCT/ISA/21 0 (patent family annex) (January 2004)